Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Registrar of Aboriginal and Torres Strait Islander Corporations v Monaghan [2016] FCA 329 File number(s): ACD 22 of 2015
Judge(s): GRIFFITHS J
Date of judgment: 1 April 2016
Catchwords: PRACTICE AND PROCEDURE – interlocutory application - whether to vacate a trial date – death of adult son of a party to proceedings – medical reports
Legislation: Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth)
Date of hearing: 1 April 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 6
Counsel for the Applicant: Mr D de Jersey
Solicitor for the Applicant: Minter Ellison
Counsel for the First and Second Respondents: Mr K Pattenden
Solicitor for the First and Second Respondents: Legal Aid ACT
Solicitor for the Third Respondent: Ms S Pennicott, Pennicott Weir Lawyers
ORDERS ACD 22 of 2015
BETWEEN: REGISTRAR OF ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATIONS Applicant
AND: FRED MONAGHAN First Respondent
TERESA ELSA MONAGHAN Second Respondent
KIM MAREE PETERS Third Respondent
JUDGE: GRIFFITHS J DATE OF ORDER: 1 April 2016
THE COURT ORDERS THAT:
1. The listing of this matter for trial for four days commencing on 4 April 2016 be vacated. 2. The trial be listed for hearing for three days only commencing at 10.15 am on 27 July 2016. 3. Subject to paragraphs 1 and 2, the orders made on 24 March 2016 remain in place save that: (a) on or before 5.00 pm on 24 June 2016 the first and second respondents are to file and serve their defence; (b) on or before 5.00 pm on 1 July 2016, the first and second respondents are to file and serve outlines of their written submissions in response to those of the applicant and which brings forward any positive submissions which they intend to make in resisting the applicant's case and the relief sought; and (c) on or before 5.00 pm on 15 July 2016, the applicant is to file and serve any outline of written submissions in reply. 4. The 13 subpoenas issued by the applicant be made returnable at 10.15 am on 27 July 2016. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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